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"There is now considerable uncertainty as to the compass of contractual damages".<Tab/>Discuss.

Date Submitted: 05/29/2004 04:51:09
Length: 11 pages (3033 words)
Views: 136886

Section 1Introduction In a successful economy there needs to be a reliable interchange of goods and services. The market place can be seen "as the principal mechanism for the production and distribution of wealth". Contracts are drawn up to make both parties aware of the intentions of each other and to make the exchange legally enforceable. This essay is primarily concerned with what happens when there is a breach in the contract. Most contracts will …

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…consumer surplus". New legislation could be introduced to help Judges when reaching a decision and this may aid them in certain situations. However each case will have a unique set of circumstances. Trying to apply rigid rules to every case will likely cause more problems than it solves. In my opinion it is better to allow Judges to use their discretion when reaching a verdict even though this may cause certain discrepancies between the courts.

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